Our Services

 

We offer the following services in relation to this topic:

 

• Prepare and submit TPO applications.

• Prepare and submit Conservation Area notifications.

• Undertake specialist arboricultural inspections in support of TPO applications.

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Tree Preservation Orders (TPOs)

 

A TPO is statutory legal protection placed on an individual tree or groups of trees. TPO trees are typically located in areas where they are visible to the public and contribute to the amenity value of the locality. They may also be used by Local Planning Authorities (LPAs) to protect trees from destruction by development. It is a criminal offence to wilfully damage, destroy, cut down or uproot a tree with a preservation order, even if you are the tree owner. The fines for such an offence can be up to £20,000. However, serious offences can be referred to the high court where the fines may be higher. 

 

Anyone wishing to carry out any work on a TPO tree must submit an application to the LPA describing the nature of the proposed work and providing a suitable justification for it. LPAs have the right to refuse consent for the work if it is considered to be unnecessary or inappropriate for the preservation of the tree and its amenity value. Alternatively they may give conditional consent by limiting the amount of material to be removed and/or setting a maximum diameter of branches to be removed. For example, an application to reduce a tree by 3m in height might be returned with consent for a reduction of 2m in height with a maximum branch diameter of 75mm.

 

In some cases, an LPA may request that additional specialist information be provided in support of the application. This could be an arborist's report where a disease or defect in the tree is present, or a structural engineer's report where a tree is implicated in subsidence of a building. 

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If permission to remove a TPO tree is granted, you will usually be required to plant a replacement tree as a condition of the consent. The LPA will usually specify the size and species of the replacement tree.

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Conservation Areas

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Statutory protection exists for trees within a Conservation Area (with the exception of trees with a stem diameter greater than 75mm measured at 1.5m above ground level). Anyone wishing to carry out any work to qualifying trees must notify the LPA of the proposed work. The LPA then has up to 6 weeks to respond. Within this period they will consider the proposed work and the value of the tree - if the tree meets the criteria for protection, they have the opportunity to place a TPO on it (a rare occurrence). If not, they will raise no objection to the work. The LPA cannot give a conditional response in these circumstances.

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Exceptions

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Some tree work operations do not require consent:

 

• The removal of deadwood from a TPO tree or a tree within a Conservation Area does not require permission.

• Removal of a dead tree (the LPA requires 5 days notification of removal).

• Trees that present an immediate hazard may be removed or pruned without the statutory notice period, although you will need to demonstrate the hazard to the LPA and secure consent.

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